Course:CONS370/Projects/Forest certification and Aboriginal values: the story of FSC certification and Taan Forest LP, Haida Gwaii, British Columbia, Canada

The Haida are Indigenous people who have traditionally occupied the lands of Haida Gwaii, BC for at least 6,000 years (Kennedy et al., 2018). The Haida people have long struggled with patriarchal-colonial government oppression (von der Porten, 2014). Tensions over natural resources and land use in the late 20^th century ultimately led Indigenous peoples to assert their rights to make decisions on their traditional territory (von der Porten, 2014). Therefore, this archipelago has seen significant changes in forestry and land management over the last 100 years (Penikett, 2012). Specifically, the Lyell Island blockades in 1985 that resulted in decreased allowable annual cut (AAC), increased protected areas, protection of culturally important areas, and sustainable resource extraction turned Haida Gwaii’s forestry practices from highly industrial to culturally integrated (Penikett, 2012).

The Forest Stewardship Council (FSC), an NGO, and the British Columbia Timber Sales (BCTS), a BC Provincial Agency, have separately created rigorous guidelines that align with many Indigenous values (Beese et al., 2019). The United Nations Food and Agriculture Organization (FAO) guidelines are considered to be the strictest environmental and social standard for measuring sustainable management; but guidelines are not mandatory (Coast, 2016). Taan Forestry Licensing LP (hereby referred to as Taan), and Indigenous forestry practice that has dominated logging on Haida Gwaii since 2010, has maintained the FSC certification and have gone beyond mandated guidelines to further protect cultural and ecosystem values (Coast, 2016). The FSC has no regulatory power to support Indigenous land or rights which are subject to the westernized legal system of BC Provincial Law (Forest Practices Board, 2019). This page summarizes the role of FSC in Indigenous forestry in Haida Gwaii, addressing the history leading up to FSC certification establishment, Taan’s establishment and role in FSC, tenure agreements, stakeholders involved, and future direction and improvements for expanding Indigenous forestry practices.

Description

Map of Haida Gwaii, BC.

Located on the westernmost edge of Canada, the Archipelago of Haida Gwaii is a temperate rainforest containing some of the world’s last old-growth stands (Takeda and Røpke, 2010). These islands, colonially known as the Queen Charlotte Islands, are among the richest natural, political, and cultural landscapes in the world (Takeda and Røpke, 2010, Queen, 2009).

Jobs versus the environment is a common battle cry in British Columbia (Takeda, 2014). Traditional forestry practices such as lumber harvest and non-timber forest product (NTFP) harvest have taken place on the unceded territory for thousands of years (Takeda and Røpke, 2010). Large scale logging became popular in the 1920’s in Haida Gwaii (Coast, 2016). Western industrial forest practices that increased harvest efforts in Haida Gwaii depleted biodiverse habitats over the past 60 years (Takeda and Røpke., 2010). The Haida people came together protesting, blockading, and launching lawsuits to gain control of forestry through community-based tenures (Takeda and Røpke, 2010). This strengthened the Council of the Haida Nation (CHN), an elected political body of the Haida peoples (Takeda, 2014). The CHN played a role in the establishment of the first jointly managed National Park: Gwaii Haanas (Takeda, 2014). This reduced significantly the resource extraction across the islands, allowing Haida people to preserve the integrity of cultural sites (Takeda, 2014). Outside of the protected area, selective logging protected the social, economic, and cultural wellbeing of the Haida people (Coast, 2016). The CHN and province of British Columbia signed a Reconciliation protocol in 2009, one year after Taan was established, to counter the widespread industrial logging which did not include the Haida (Hotte et al., 2019). Forestry practices have since been reconstructed around the values of the Haida people.

The Haida value of Yuh’guudang, translating to respect, guides the Haida and many other Indigenous nations in their forestry practices (Coast, 2016). Taan operates through ecosystem-based management; an approach in which the value of forestry products and ecological diversity are assessed (Takeda, 2014). Regionally in British Columbia, stand-level retention has been very important in ecosystem-based management practices as it mimics a natural disturbance regime (Beese et al., 2019). Taan averaged 13% stand level retention in 2011 and has been increasing every year (Beese et al., 2019). As retention is a key component of FSC certification, Indigenous forestry licensees such as Taan play a critical role in forest conservation (Pinto and McDermott, 2013).

This study aims to address critical issues and conflict relating to FSC certifications and Taan Forestry. The FSC requires all certificate holders to comply with International Labor Convention (ILO) 169 (Tikina et al., 2010). In addition to ILO 169 being recognized by the entirety of the FSC certification, principle 3 directly speaks to rights of Indigenous peoples (Tikina et al., 2010). Discrepancies remain in this certification system that favor a western industrial forestry and legal system (Forest Practices Board, 2019). FSC guidelines could be strengthened to align with Haida values (Beese et al., 2019).

The FSC guidelines largely influence Taan's operations to sustainably harvest lumber. As well, the Haida Gwaii Land Use Objective Order (HGLUOO) is used to further ensure the protection of important cultural and ecosystem values (Coast, 2016). It sets out legal procedures for forestry practices (Haida Gwaii Management Council, 2019). The co-management structure of governance on Haida Gwaii bridges partnerships and trust between stakeholders; it increases knowledge, sharing, and decision making between central governments and local stakeholders (Hotte et al., 2019).

There are inherent challenges that arise with the co-management structure in Haida Gwaii. The inclusion of two separate governments, sharing responsibility, can create stakeholder conflict as well as highlight principles and regulations that do not align between jurisdictions. Tenure agreements, administrative agreements, and affected stakeholders illustrate many of these issues. Their management is influenced greatly by FSC, HGLUOO, the CHN, and the government of British Columbia.

Haida Gwaii Forest Land Tenure

The land tenure system that exists over much of the timber harvesting land base on Haida Gwaii is a license system (Government of British Columbia, 2012). License systems are a colonial tenure form, that, in the context of forestry, has operated where the government maintains ownership of Crown land while receiving royalties, stumpage, and land rent from private industry in exchange for harvesting rights (Lawler & Bullock, 2019). This has historically limited Indigenous Peoples' ability to follow their traditional management values as tenure agreements had been developed without Indigenous input (Wyatt, 2008). While this still remains an issue with forestry operations, land rights, and Aboriginal title, it starkly contrasts with the recent changes to forest tenure, operation, and management of the last decade (2010 - 2020) on Haida Gwaii.

The Taan Forest Haida Tenure exists within British Columbia Tree Farm License (TFL) 60 and is under management control for the 25-year duration beginning January 15^th, 2020 (Government of British Columbia, 2020). This is a replacement licence for the TFL 60, 2010, purchased by the Haida Nation (HaiCo pays $11.6-million for TFL 60, https://www.haidagwaiiobserver.com/news/haico-pays-11-6-million-for-tfl-60/)

TFL’s make up the largest tenure holdings on Haida Gwaii, with TFL 60 accounting for approximately 37% of the AAC (Council of the Haida Nation, 2016). These licenses are the most secure form of harvesting license in BC and have been endorsed for Indigenous Nations through agreements called Forest and Range Opportunities (Nikolakis & Nelson, 2015). For Taan, owned and run by Haida Nation, the TFL 60 land tenure provides the opportunity for a successful forest economy by creating jobs and benefiting the local community while engaging with the management principles of the Strategic Land Use Agreement (Taan Forest, 2016).

For Taan, their tenure agreement, and responsibilities accompanied with it, ensure that Indigenous values are being implemented in forest operations and the historic exploitative practices are removed from the management plans they develop (Taan Forest, 2016). It is recognized that including Indigenous peoples in a collaborative decision making process can have a significant positive impact on forest management plans (Wyatt et al., 2013). Aboriginal forestry is a term that has gained widespread use to refer to management practices that are ecocentric with less focus on economic goals (Parsons & Prest, 2003). It is important to recognize that Taan, despite using industrial harvesting methods, is still engaging in Aboriginal forestry. Parsons & Prest (2003) describe Indigenous values as being dynamic through time; they are expressions of the current and future needs of the Nation. The characteristics of land tenure and management strategies influence the ability for Indigenous Peoples to practice their ecological, social, and cultural values.

FSC Certification

The FSC provides a credible third party certification of both forest products and NTFP for companies that conform to its high standard of sustainable forest management, predominantly aimed at western, industrialized forest operations (Forestry Stewardship Council, 2020). Taan achieved that FSC certification within one year of operation demonstrating how the Haida Nation value the goals set out by the Land Use Vision to achieve better and more sustainable forest operations on their territory (Council of the Haida Nation, 2005). The path for Indigenous Peoples to gain access to the forest industry has been a tumultuous one. For an Indigenous owned forest company to gain FSC certification represents an important building block for forest management in Canada (Wyatt, 2008).

FSC certification mandates that logging companies consult and achieve free, prior, and informed consent (FPIC) with Indigenous Nations over their planned logging operations (Collier et al., 2002). This can be an effective method of advancing the recognition of Aboriginal rights outside of the formal court system (Collier et al., 2002), as Principle 3 of the FSC standard requires Indigenous people to give assent to forest management on their traditional lands (Tikina et al., 2010). To establish sustainable management and monitoring, indicators are used to assess the outcomes of forestry operations. While these indicators are very similar between Indigenous and non-Indigenous-managed stakeholders, it has been noticed that cultural and social values for Indigenous Peoples are more inclusive of forest values such as the biological, cultural, and historical landscape (Adam & Kneeshaw, 2008). The challenge of how to best integrate Indigenous values into the certification system still requires discussion, however, as noted by Adam & Kneeshaw (2008) for Indigenous Peoples and their values being represented they emphasized the productivity, proximity, and quality of forest resources as opposed to ownership. FSC's strong support for Indigenous Peoples and their objectives to benefit the lives of the local community demonstrates the importance and pride for Taan in holding a certification.

Despite these positive aspects that FSC certification emphasizes, there are notable concerns of certification that have been raised by Indigenous Peoples. Under the policies of certification systems, Indigenous Peoples are considered to be stakeholders which inappropriately dismisses their ownership and Aboriginal title of their territory and places them as equals to license holders (Collier et al., 2002; Tikina et al., 2010). A second issue stems from how a person’s worldviews influences the terminology that is used in these agreements. Parsons & Prest (2003) describe the relationship that exist between Indigenous Peoples and the forest and would therefore object to terms such as "forest management" which implies people occupying status above the forest as opposed to the Indigenous view of relationality.

Beyond the criteria and scope of certification, an important part that is seldom recognized is how has certification benefited the Indigenous community. With multiple different certification systems, there are also varying degrees to which Indigenous values and rights are recognized (Parsons & Prest, 2003). Kant & Brubacher (2008) discuss how existing perceptions within the Indigenous community shape their expectations of certification and how it will play a role in management schemes. In their findings, Kant & Brubacher (2008) found most respondents placed high importance on recognition and implementation of treaty rights, identification and protection of areas of importance and ensuring access to these areas; with the next highest importance set on environmental values and sustainable forest management. With no explicit research on this topic in Haida Gwaii, these values are all addressed by the FSC management plan with methods of protection indicating certification is providing benefits to Indigenous values.

FSC Management Objectives

With Taan having the responsibility of developing forest management plans that align with FSC guidelines, they are able to incorporate their values into their operation plans. This can be observed as the Taan Forest FSC Management Plan (2016) closely follows the directives set out by the Haida Land Use Vision and the Strategic Land Use Agreement.

The Haida Land Use Vision sets out priorities for management that are critical to their culture. These ecological priorities include but are not limited to safeguards for cedar, salmon, black bear, birds, plants, and beach (Council of the Haida Nation, 2005). Many of these values are represented by the high conservation value classifications of the FSC management plan categories such as "Wildlife" and "Rare Ecosystems" (Taan Forest, 2016).

The Strategic Land Use Agreement also sets out a number of different land use zones that target the values of the Haida Nation (Government of British Columbia, & Council of the Haida Nation, 2007). With forest certification systems operating globally, many studies have looked into the effectiveness of addressing Indigenous values. Teitelbaum & Wyatt (2013) noted that limitations of implementing Indigenous values are the agreements and recognition of rights with governments as opposed to the certification itself. This is supported on Haida Gwaii; they reached agreements with the the provincial government on the Strategic Land Use Agreement prior to any land tenure and FSC certification.

Affected Stakeholders

The Haida People

The Haida people make up approximately half of the population of Haida Gwaii (Council of the Haida Nation, Statistics Canada, 2016). Collectively, the people of Haida ancestry hold Hereditary and Aboriginal rights to Haida Territory, as well as right of access to Haida Gwaii resources for reasons of nourishment, commerce, and culture as defined by the laws written by the Haida Nation (Council of the Haida Nation).

The Indigenous People are major affected stakeholders because of their inherent rights over the land, including the forest (Takeda, 2014). Haida laws have both cultural significance and legal power that affects private landowners, workers, and local businesses on the island (Forest Practice Board, 2019). The Council of the Haida Nation was formed in 1974 and consists of a president and vice-president elected by popular vote, twelve regional representatives from four electoral regions, and one appointed representative from each of the Old Massett Village Council and Skidegate Band Council (Constitution of the Haida Nation, 2018). The constitution of the council was accepted formally in 2003 and is recognized as an outline with how to exercise sovereignty over their lands (Council of the Haida Nation).

The council negotiates and signs agreements with other Coastal First Nations, Non-Governmental Organizations, local communities, as well as federal and provincial governments, and earned a reputation with the wider public as environmental stewards in the 1980’s (Takeda, 2014). The council also has launched court cases, up to the Supreme Court of Canada, as with its appeal of the TFL 39 Case decision, which demanded that the Haida Nation must be consulted by the Provincial Government of British Columbia when making forest management decisions (Takeda, 2014, Supreme Court of Canada, 2012).

The council is also responsible for setting Land Use Objectives for Haida Gwaii. These objectives are created according to the mandates which outline protection for Haida cultural values, to support biodiversity, and maintain the integrity of important wildlife habitats on Haida Gwaii (Haida Gwaii Management Council, 2019, Council of the Haida Nation 2003). The Haida Gwaii Land Use Objectives Order has legal power, which requires all island licensees to follow ecological representation targets, retain old forest, and recruit younger stands (Forest Practice Board, 2019, Pinto and McDermott, 2013).

Taan Forest LP

Taan Forest LP was established in 2010 as an enterprise which operates as a wholly owned subsidiary of Haida Enterprise Corporation (HaiCo)(Taan Forest, 2020). HaiCo, the economic development entity of the Haida Nations, has ultimate authority over Taan, and shares many of the same main objectives and management goals as the FSC board (FSC Council, 2020, Taan Forest, 2020). The company is 100% Haida owned as the sole representing stakeholders of HaiCo are the Council of the Haida Nation themselves (HaiCo, 2020). The extent of Taan's local power is expressed through the social license provided by the elected Haida representatives, and that social license is subject to compliance with FSC rules. Taan is the largest tenure holder on Haida Gwaii, and fuels Haida Gwaii's economy (Council of the Haida Nation, 2016). However, Taan is a for-profit operation, and is subject to provincial laws and regulations as well (Coast Funds, 2016).

Provincial Government

Through negotiations and the Haida Gwaii Strategic Land Use Agreement in 2007, The Haida Nation and British Columbia government are joint decision makers regarding the harvesting of resources from forests on Haida Gwaii (B.C. Canada, 2007). According to this agreement, the B.C. government has joint responsibility overseeing land use, and also is able to license land outside protected areas, which gives them a very large amount of relative power. Additionally, the provincial government earns tax revenue from logging operations and stumpage, making it a direct stakeholder in forestry operations on Haida Gwaii.

Interested Outside Stakeholders

Federal Government

The Federal government does not have explicit power in this particular case study, as Haida Gwaii remains owned by the Province of BC in law. In the last decade, the federal government mandated British Columbia to protect much of Haida Gwaii land as provincial parks, and an amendment to the Kunst'aayah Reconciliation Protocol awards the Haida Nation $600,000 a year beginning in 2015, demonstrating both financial investment, as well as concern for the conservation of local wildlife species found on the islands (Kunst'aayah Reconciliation Protocol, 2016).

Private Land Owners

Haida Gwaii has many private landowners, not all of whom belong to the Haida Gwaii Nation. Although they have no direct stake in Taan Forest activity, or the implications of FSC certification, keeping foresters in Haida Gwaii compliant with sustainable practices maintains high biodiversity, maintains more standing trees, and creates non-use values that beautifies surrounding property and encourages tourists and increases property value (Kim & Wells, 2005).

Assessment

Haida Governance

Since the 20th century, the Haida people have defended their lands and their rights through colonial oppression (von der Porten, 2014). Although the Haida people have lived on Haida Gwaii for 6,000 years, the relative power of their self-governance has faced limitations, and continues to have to compromise with and conform to the westernized Canadian legal system in order to regain recognition (Forest, 2019). However, much progress has been made in this regard. The Haida Nation’s owned Taan Forest controls the majority of Haida Gwaii’s allowable annual cut, and have applied pressure to provincially granted licensees to consult with the Haida Nation before operating (Sutherland, 2012, Supreme Court of Canada, 2004). The Haida people continue to use their power and resources to strive towards the values of their law and culture, even beyond FSC guidelines (Coast, 2016).

Canadian Governance

As discussed in a case study in Quebec by Teitelbaum et al. 2019, co-management structures like the one at Haida Gwaii may create conflicts or confusion, which in many cases results in provincial governments allowing forestry practices into Indigenous territory that violate guidelines and are detrimental to the environment. Canadian governance has shown a willingness to abide and follow laws set by Haida Gwaii, but once issues reach the supreme court, logging companies have been told that they have a moral obligation, not legal requirement, to consult Indigenous peoples (Supreme Court of Canada, 2012). The Haida are not only fighting for control and management rights on the land, but have struggled to undo years of legal precedents and outdated legislature. Conventions such as ILO 169 are recognized and required by FSC guidelines, but there still are major discrepancies within the legal system.

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